The European Data Protection Board (EDPB) In February 2021, published 2 opinions on the European Commission draft Implementing Decisions on the adequate protection of personal data in the United Kingdom.
The EDPB has since brought to the public that it has taken into consideration its opinion on the draft adequacy decision issued by the European Commission. Although the opinion is not binding, the adequacy decision will be formally implemented if approved by the EU member states.
Adequacy decisions are critical in granting data flows between the EU and the UK, particularly in the post-Brexit environment. The process enables the EU to decide whether countries outside the bloc offer an adequate level of protection for the data of EU citizens.
The EDPB ensures consistent application of the GDPR, ensuring lawful and fair processing for licit purposes, data quality and proportionality, data retention, security and confidentiality, and transparency.
The executive summary of the draft claims that the EDPB focused on the assessment of the general GDPR aspects of the draft decision. It also looked at the access by public authorities to personal data transferred from the EEA for the purposes of law enforcement and national security, including the legal remedies available to individuals in the EEA. The EDPB also assessed whether the safeguards provided under the UK legal framework are in place and effective.
The decision states: “The EDPB’s key objective is to give an opinion to the European Commission on the adequacy of the level of protection afforded to individuals in the UK. It is important to recognize that the EDPB does not expect the UK legal framework to replicate European data protection law.”
In light of the digital health transformation experienced during the pandemic, European countries have pushed for a European health data space that requires interoperability on a European level. Recently, former UK prime minister, David Cameron lobbied the NHS for access to staff’s personal data, weeks into the COVID-19 pandemic.